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· 11/13/1961

Settoon v. Audubon Insurance Co.

Citations

  • 135 So. 2d 676
  • 1961 La. App. LEXIS 1566

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because wrongful death actions are not derivative of the decedent’s rights, the wrongful death beneficiaries were not bound by an arbitration agreement executed by the decedent
  • holding that because wrongful death actions are not derivative of the decedent’s rights, the wrongful death beneficiaries were not bound by an arbitration agreement executed by the decedent
  • holding: “[the d]ecedent's contractual agreement with [a nursing home] to arbitrate all claims was not binding on the non-signatory wrongful death claimants”
  • explaining that “compelling arbitration upon individuals who did not waive their right to a jury trial would infringe upon wrongful death claimants’ constitutional rights”
  • explaining that “compelling arbitration upon individuals who did not waive their right to a jury trial would infringe upon wrongful death claimants’ constitutional rights.”
  • stating that \wrongful death actions are derivative of decedent's injuries but are not derivative of decedent's rights\

Source: CourtListener parenthetical corpus (CC0).

Judges: Landry, Lottinger, Reid

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.